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HomeMy WebLinkAboutOrd 581-2012 Qualifications Emergency Management Coordinator.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 581-2012 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING ORDINANCE NO. 514-2010, AS AMENDED BY ORDINANCE NO. 577-2012, GOVERNING ELIGIBILITY AND MINIMUM QUALIFICATIONS FOR THE POSITION OF EMERGENCY MANAGEMENT COORDINATOR AND PROCEDURES RELATED TO CANDIDATES FOR POSITION OF EMERGENCY MANAGEMENT COORDINATOR; PROVIDING FOR PENALTIES IN AMOUNTS NOT TO EXCEED $2,000 FOR VIOLATIONS; PROVIDING FOR CONSTRUCTION AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, under Texas Administrative Code, 37 TAC § 7.13, a municipality—in order to qualify for certain federal assistance programs authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act as amended, and other federal statutes— must establish by ordinance a local emergency management agency and must establish an emergency management plan; and WHEREAS, on October 12, 2010, the City Council of the City of Anna, Texas ("City Council") adopted City of Anna, Texas Ordinance No. 514-2010 establishing such an agency and adopting such a plan; and WHEREAS, on March 29, 2012, the City Council adopted City of Anna, Texas Ordinance No. 577-2012, amending certain provisions of City of Anna, Texas Ordinance No. 514-2010; and WHEREAS, City of Anna, Texas Ordinance No. 514-2010, as amended by Ordinance No. 577-2012, is hereinafter referenced as "Ordinance No. 514-2010"; and WHEREAS, the City Council recognizes and acknowledges that under 37 TAC § 7.2, the Emergency Management Director of the City of Anna, Texas may designate an emergency management coordinator who shall serve as an assistant to the Mayor for emergency management purposes when so designated; and WHEREAS, under Ordinance 514-2010 the City Council and the City's Mayor designated the City's Chief Executive, the City Manager, to serve as the City's Emergency Management Coordinator; and WHEREAS, the provisions in Ordinance 514-2010 designating the Chief Executive as Emergency Manager Coordinator have not previously been amended or repealed; and WHEREAS, the City Council desires to adopt certain eligibility requirements and minimum qualifications that persons must meet in order to be designated by the Emergency Management Director to serve as the emergency management coordinator, subject to the temporary suspension of such requirements under certain disaster -related circumstances; and ORD. 581-2012 Qualifications Emergency Management Coordinator Page 1 of 5 04-24-12 WHEREAS, the City Council desires to adopt certain procedures concerning the designated by the Emergency Management Director of the emergency management coordinator, subject to the temporary suspension of such procedures under certain disaster -related circumstances; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS Section 1. Recitals Incorporated All matters stated in the preamble of this ordinance are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. Amendments to Ordinance No. 514-2010. 2.01 The definition of "Emergency Management Coordinator" as set forth in Section 3 of Ordinance No. 514-2010 is hereby amended as follows: Emergency Management Coordinator means the Chief Executive nffiner person designated to serve in said position in accordance with Section 4 of this ordinance. 2.02 Ordinance No. 514-2010 is hereby amended as follows: 4. Organization. La)_The operational disaster and emergency services organization of the City shall consist of the municipal officers and employees set forth in this ordinance and those who may be designated by the Mover (F.Fnernennv Management DireGtG0 and Chief Fxeei dive (Cmergenn., Management GeeFdinefeo in accordance with this ordinance. Plans of organization shall substantially conform to recommendations of the federal government and the State Division of Emergency Management of the State of Texas or any similar or successor agencies. The functions and duties of the organization shall be distributed to the officers and employees of the City in accordance with the terms of the emergency management program or plan. b) In accordance with the reauirements and procedures of this section the Emergency Management Director shall designate an Emergency Management Coordinator who shall serve as an assistant to the Emergency Management Director for emergency management purposes. ORD. 581-2012 Qualifications Emergency Management Coordinator Page 2 of 5 04-24-12 (c) Only persons actively holding the following types of City positions are eligible to be designated and serve as the Emergency Management Coordinator: (1) the Chief Executive; or (2) an active employee or volunteer member of the City's police department or fire department who has been authorized by the Chief Executive to assume the duties of an Emergency Management Coordinator. The term "active' in this subsection means currently serving as a City employee or volunteer and not on leave. The term "active" does not include members of an auxiliary police or fire association, unless the member of such auxiliary organization is also an active City employee or active volunteer members of the police department or fire department. (d) Within 30 days after the effective date of this ordinance and within 30 days of the date that any Emergency Management Coordinator Permanently ceases to serve in such role, or as soon as practicable thereafter, the Emergency Management Director in consultation with the Chief Executive may recommend for the City Council's consideration one or more eligible persons to serve as Emergencq Management Coordinator. (e) Within 30 days of receiving any such recommendations: (1) the City Council shall nominate one or more eligible persons—who may be but are not required to be the person(s) recommended under subsection (d)—to serve as Emergency Management Coordinator; (2) the Emergency Management Director shall designate the person (or one of the persons, as applicable) nominated by the City Council to serve as Emergency Management Coordinator; and (3) the Emergency Management Director shall provide written notice to the Chief Executive of the name, address, and telephone number of the person designated to be the Emergency Management Ordinance. (f) If for any reason the Emergency Management Director does not designate an Emergency Management Coordinator within the time period set forth in subsection (e), then the City Council must as soon as practicable thereafter designate an eligible person to serve as Emergency Management Coordinator, and that person shall serve until ceasing to serve in accordance with this section. (g) At the time that an Emergency Management Coordinator for any reason ceases to serve as Emergency Management Coordinator, then a new Emergency Management Coordinator shall be designated using the procedures set forth in subsections (d) and (e). When the Emergency Management Coordinator is for any reason not available, and during any vacancy in the position of Emergency Management Coordinator, the Chief Executive shall sere as Emergency Management Coordinator. ORD. 581-2012 Qualifications Emergency Management Coordinator Page 3 of 5 04-24-12 (h) Any person serving as Emergency Management Coordinator, must—at the time of being designated or within six months of being designated—obtain the basic training level of preparedness (i) If the Comprehensive Emergency Plan is invoked due to an Emergency or a declared disaster and the person designated to be mental and/or physical incapacity, then the eligibility, training, and procedural requirements of this section shall be temporarily suspended and the Emergency Management Director shall designate a new Emergency Management Coordinator to serve until the Emergency or declared disaster has ceased. Section 3. Savings, Severability and Repealing Clauses All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict, except that unless and until an Emergency Management Coordinator is designated in accordance with this Ordinance, the provisions of Ordinance 514-2010 that designate the Chief Executive as the Emergency Management Coordinator shall remain in effect. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 4. Publication of the Caption Hereof and Effective Date This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this 24th day of April, 2012. ATTESTED: AP OVE ty Secretary, Na ha Wiiison a- r, Da R. Driskell ORD. 581-2012 Qualifications; mirgency 919naq#nent Coordinator Page 4 of 6 04-24-12